112Youth conditional cautions: involvement of prosecutors

(2)In section 66A(4) (conditions that may be attached to a youth conditional caution) for “by a relevant prosecutor” substitute “in the condition”.

(3)5In section 66B(2) (relevant prosecutor must decide that there is sufficient evidence to prosecute and that a conditional caution should be given) after “a relevant prosecutor” insert “or the authorised person”.

(4)In section 66C(5) (relevant prosecutor must specify amount of financial penalty and how it must be paid etc) for “a relevant prosecutor must also” substitute 10“the condition must”.

(6)In section 66G (code of practice) in subsection (2)(h) (Secretary of State’s code of practice may include provision about what a relevant prosecutor may 15provide under section 66C(5)(b)) for “by a relevant prosecutor” substitute “in a condition”.

CHAPTER 7Knives and offensive weapons

113Offences of threatening with article with blade or point or offensive weapon in public or on school premises

(1)20In the Prevention of Crime Act 1953, after section 1 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse) insert—

“1AOffence of threatening with weapon in public

(1)A person is guilty of an offence if that person—

(a)has an offensive weapon with him or her in a public place,

(b)25unlawfully and intentionally threatens another person with the weapon, and

(c)does so in such a way that there is an immediate risk of serious physical harm to that other person.

(2)For the purposes of this section physical harm is serious if it amounts 30to grievous bodily harm for the purposes of the Offences against the Person Act 1861.

(3)It is a defence for a person charged with an offence under this section to prove lawful authority or reasonable excuse for having the weapon with him or her in the place concerned.

(4)35In this section “public place” and “offensive weapon” have the same meaning as in section 1.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory 40maximum, or to both;

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(b)on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.

(6)Where a person aged 18 or over is convicted of an offence under this section, the court must impose a sentence of imprisonment for a term 5of at least 6 months (with or without a fine) unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.

(7)In relation to times before the coming into force of paragraph 180 of 10Schedule 7 to the Criminal Justice and Court Services Act 2000, the reference in subsection (6) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.”

(2)In the Criminal Justice Act 1988 after section 139A (offence of having article 15with blade or point or offensive weapon on school premises) insert—

“139AA Offence of threatening with article with blade or point or offensive weapon

(1)A person is guilty of an offence if that person—

(a)has an article to which this section applies with him or her in a 20public place or on school premises,

(b)unlawfully and intentionally threatens another person with the article, and

(c)does so in such a way that there is an immediate risk of serious physical harm to that other person.

(2)25In relation to a public place this section applies to an article to which section 139 applies.

(3)In relation to school premises this section applies to each of these—

(a)an article to which section 139 applies;

(b)an offensive weapon within the meaning of section 1 of the 30Prevention of Crime Act 1953.

(4)For the purposes of this section physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.

(5)It is a defence for a person charged with an offence under this section 35to prove good reason or lawful authority for having the article with him or her in the place or on the premises concerned.

(6)Without prejudice to the generality of subsection (5), it is a defence for a person charged with an offence under this section—

(a)in any case, to prove that that person had the article with him or 40her for use at work, for religious reasons, or as part of a national costume;

(b)in a case relating to school premises, to prove that that person had the article with him or her for educational purposes.

(7)In this section—

45“public place” has the same meaning as in section 139;

“school premises” has the same meaning as in section 139A.

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(8)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(b)5on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.

(9)Where a person aged 18 or over is convicted of an offence under this section, the court must impose a sentence of imprisonment for a term of at least 6 months (with or without a fine) unless the court is of the 10opinion that there are particular circumstances which—

(a)relate to the offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.

(10)In relation to times before the coming into force of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000, the 15reference in subsection (9) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.”

(3)Schedule 16 (minor and consequential amendments) has effect.

Part 420Final provisions

114Power to make consequential and supplementary provision etc

(1)The Lord Chancellor or the Secretary of State may by regulations make consequential, supplementary, incidental or transitional provision in relation to any provision of Parts 1 to 3 of this Act.

(2)25The regulations may, in particular—

(a)amend, repeal, revoke or otherwise modify legislation, and

(b)include transitory or saving provision.

(3)Regulations made under this section in relation to a provision of section 71 may, in particular, include provision amending any legislation for the purpose 30of providing—

(a)that a term of imprisonment may be imposed on summary conviction for an offence under the law of England and Wales;

(b)that the maximum term of imprisonment that may be imposed on summary conviction for an offence under the law of England and 35Wales is 6 months or a period of less than 6 months.

(4)Regulations under this section are to be made by statutory instrument.

(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (6).

(6)40A statutory instrument containing regulations under this section that amend or repeal an Act (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7)In this section—

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“Act” includes an Act or Measure of the National Assembly for Wales;

“legislation”, in relation to regulations made in relation to a provision of this Act, means—

(a)

an Act passed before or in the same Session as this Act, or

(b)

5an instrument made under an Act before the provision comes into force.

115Financial provision

There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b)10any increase attributable to this Act in the sums payable under any other Act out of money so provided.

116Commencement

(1)The provisions of this Act come into force on such day as the Lord Chancellor or the Secretary of State may appoint by order, subject to subsection (2).

(2)15This Part comes into force on the day on which this Act is passed.

(3)An order under this section is to be made by statutory instrument.

(4)An order under this section may—

(a)appoint different days for different purposes, and

(b)make transitional, transitory or saving provision.

(5)20An order under this section bringing into force section 107, 108, 110, 111 or 112 may appoint different days for different areas.

(4)An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

11835Channel Islands, Isle of Man and British overseas territories

(1)The power conferred by section 9(4) of the Repatriation of Prisoners Act 1984 (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to any amendment of that Act that is made by or under this Act.

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(2)The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.

(3)In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of 5Man and British overseas territories) references to that Act include that Act as amended by or under this Act.

119Short title

This Act may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2011.

“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from abuse is significantly impaired through physical or mental disability or illness, through old age or 40otherwise.

Working with children and vulnerable adults

4(1)Civil legal services provided in relation to—

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(a)the inclusion of a person in a barred list or the removal of a person from a barred list;

(b)a disqualification order under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (disqualification from working 5with children);

Mental health and mental capacity

(b)paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984;

(c)the Mental Capacity Act 2005.

General exclusions

(2)25Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

(3)The services described in sub-paragraph (1) do not include services provided in relation to—

(a)30the creation of lasting powers of attorney under the Mental Capacity Act 2005, or

(b)the making of advance decisions under that Act.

(4)Sub-paragraph (3) does not exclude services provided in relation to determinations and declarations by a court under the Mental Capacity Act 352005 as to the validity, meaning, effect or applicability of—

(a)a lasting power of attorney that has been created, or

(b)an advance decision that has been made.

Community care

6(1)Civil legal services provided in relation to community care services.

40Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

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(3)In this paragraph—

“community care services” means services which a relevant person may provide or arrange to be provided under—

(a)

Part 3 of the National Assistance Act 1948 (“the 1948 Act”) 5(local authority support for children and families);

(b)

section 47 of the 1948 Act (removal to suitable premises of persons in need of care and attention);

(c)

section 48 of the 1948 Act (temporary protection for property of persons admitted to hospital);

(d)

10section 45 of the Health Services and Public Health Act 1968 (arrangements for promoting welfare of old people);

(e)

section 117 of the Mental Health Act 1983 (after-care);

(f)

section 17 of the Children Act 1989 (“the 1989 Act”) (provision of services for children in need);

(g)

15section 20 of the 1989 Act (provision of accommodation for children);

(h)

sections 22A, 22B, 22C and 23 of the 1989 Act (accommodation and maintenance for children in care and looked after children);

(i)

20sections 23B and 23C of the 1989 Act (local authority functions in respect of relevant children);

(j)

sections 24, 24A and 24B of the 1989 Act (provision of services for persons qualifying for advice and assistance);

(k)

section 254 of, and Schedule 20 to, the National Health 25Service Act 2006 (functions of local social service authorities);

(l)

section 192 of, and Schedule 15 to, the National Health Service (Wales) Act 2006 (functions of local social service authorities);

(m)

any other enactment prescribed for the purposes of this 30paragraph;

“relevant person” means—

(a)

a district council;

(b)

a county council;

(c)

a county borough council;

(d)

35a London borough council;

(e)

the Common Council of the City of London;

(f)

a Primary Care Trust established under section 18 of the National Health Service Act 2006;

(g)

a Local Health Board established under section 11 of the 40National Health Services (Wales) Act 2006;

(h)

any other person prescribed for the purposes of this paragraph.

Inherent jurisdiction of High Court in relation to children and vulnerable adults

7(1)Civil legal services provided in relation to the inherent jurisdiction of the 45High Court in relation to children and vulnerable adults.

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

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Definitions

(3)In this paragraph—

“adults” means persons aged 18 or over;

“children” means persons under the age of 18.

5Unlawful removal of children from the United Kingdom

8(1)Civil legal services provided to an individual in relation to the following orders and requirements where the individual is seeking to prevent the unlawful removal of a related child from the United Kingdom—

(a)a prohibited steps order or specific issue order (as defined in section 108(1) of the Children Act 1989);

(b)an order under section 33 of the Family Law Act 1986 for disclosure of the child’s whereabouts;

(c)a requirement under section 37 of that Act to surrender a passport issued to, or containing particulars of, the child.

15Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3)For the purposes of this paragraph, a child is related to an individual if the 20individual is the child’s parent or has parental responsibility for the child.

(4)In this paragraph “child” means a person under the age of 18.

Family homes and domestic violence

9(1)Civil legal services provided in relation to home rights, occupation orders and non-molestation orders under Part 4 of the Family Law Act 1996.

(2)25Civil legal services provided in relation to the following in circumstances arising out of a family relationship—